THE REDEMPTION OF MORTGAGES
(PUNJAB) ACT, 1913
Contents
14th March 1913
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1 |
2 |
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Year |
No. |
Short Title |
Whether repealed or
otherwise affected by legislation |
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1913 |
2 |
The Redemption of Mortgages
(Punjab) Act 1913 |
Amended Punjab Act 7 of 1934 (Part VII) Amended by the Indian
Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G.G.O. 40) Amended by the Adaptation
of Laws Order, 1951 Amended by adaptaion of
Laws Third Amendment order 1951. Extended to Pepsu
Territory and amended by Punjab Act 18 of 1958 |
An
Act to provide a summary procedure for the redemption of certain mortgages of
land in Punjab
WHEREAS it is expedient to provide a summary procedure for the redemption of certain mortgages of land in Punjab; It is hereby enacted as follows:-
1.
(1)
This Act may be called the Redemption of Mortgages (Punjab) Act, 1913.
(2) It extends to Punjab.
(3) It shall apply only to
mortgages of land-
(a)
in
which, whatever the mortgage money, the land mortgaged, after excluding the
area of any share in the common land of the village or of a sub-division of the
village appertaining thereto and mortgaged therewith does not exceed in area
[50 acres]; or
(b)
in
which, whatever the area, the principal money secured under the mortgage does
not exceed [5000] rupees:
Provided that it
shall not apply to any mortgage made under section 6 of the Punjab alienation
of Land Act, 1900 [or the Patiala Alienation of Land Act, 1972 B.K.]
2.
In
this act, unless there is something repugnant in the subject or context,-
(1)
the
expression “land” means land which is not occupied as the site of any building
in a town or village and is occupied or let for agricultural purposes or
purposes subserviced to agriculture for the pasture and includes-
(a)
the
sites of buildings and other structures on such land;
(b)
a
share in the profits of an estate or holding;
(c)
any
dues or any fixed percentage of the land revenue payable by an inferior
land-owner to a superior land-owner;
(d)
a
right to receive rent;
(e)
any
right to water enjoyed by the owner or the occupier of land as such; and
(f)
any
right of occupancy
(2)
the
expression “Collector” shall mean the Collector of the district in which the
mortgaged property or any part thereof is situated, and shall include an
Assistant Collector of the 1st grade.
(3)
“prescribed”
shall mean prescribed by rules made under this Act.
Application of certain sections of Punjab Tenancy Act.
3.
Subject
to the provisions of this Act and the rules thereunder, the provisions of
sections 79, 85, 86, 87, 89, 90, 91, 92 and
101, of the Punjab Tenancy Act,
1887, shall, so far as may be, apply to all proceedings of a Collector under
this Act.
4.
The
mortgagor or other person entitled to institute a suit for redemption may, at
any time after the principal money becomes payable and before a suit for
redemption is barred, present a petition to the Collector applying for an order
directing that his mortgage be redeemed, and where the mortgage is with
possession that he be put in possession of the mortgaged property. The petition
shall be duly verified in the manner prescribed by law for the verification of
plaints, and shalll state the sum which the
petitioner declares to the best of
his belief to be due under the mortgage. The petitioner shall at the
same time deposit such sum with the Collector.
Particulars to be contained in petition:
5. The petitioner shall state in his petition such particulars
and file therewith such documents as may be prescribed.
6.
When
the petition has been duly presented and the deposit has been made, the
Collector shall issue to the mortgagee a summons to appear on a date to be
therein specified. Every summons shall be accompanied by a copy of the
petition, with the date of deposit endorsed thereon.
7.
Where
the mortgagee appears and the petitioner does not appear when the petition is
called on for hearing, the Collector shall, unless he adjourns the proceedings,
make an order that the petition be dismissed, unless the mortgagee admits the
claim, in which case the collector shall make an order-
(a)
that
the mortgage be redeemed;
(b)
that
where the mortgage is with possession
the mortgagor be put in possession of the mortgaged property as against the
mortgagee;
(c)
that
the mortgagee deposit with the Collector
the mortgage-deed, if any, if then in his possession or power, and that
it be delivered to the petitioner;
(d)
that
subject to be mortgage-deed, if any,
being so deposited by the mortgagee the sum in deposit be paid to him.
Provided that no such order
shall be made inconsistent with any condition of the mortgage whereby a reason
or period of the year is fixed for redemption or for surrendering possession.
8.
When
the petitioner appears, but the mortgagee does not appear, when the petition is
called on for hearing, the collector shall, unless he adjourns he proceedings,
inquire in a summary manner (a) whether the petitioner is entitled to redeem
the mortgaged property, and (b) whether the sum deposited by the petitioner is
the sum rightly due under the mortgage.
If the Collector is not
satisfied that the petitioner is entitled to redeem, he shall dismiss the
petition.
If the Collector is
satisfied that the petitioner is entitled to redeem, and that the sum deposited
is the sum dshall make an order as laid down in section 6(a), (b), (c) and (d)
of this Act.
If the Collector is
satisfied that the petitioner is entitled to redeem, but is of opinion that a sum larger than that in deposit is due
under the mortgage, he shall fix a period not exceeding 30 days within which
the petitioner shall deposit the
difference, together with any further sum which may be due on account of
interest up to the date of deposit. If the petitioner makes such deposit within
such period or such further period not exceeding 30 days, as the Collector may
fix, the Collector shall make an order
in manner aforesaid.
If the petitioner fails to
make such deposit within the period fixed, the collector shall dismiss the
petition.
9.
Where
both parties appear when the petition is called on for hearing, the Collector
shall inquire from the mortgagee whether he admits that the petitioner is
entitled to redeem, whether he is willing to accept the sum in deposit in full discharge of the
mortgage-debt, and where the mortgage is with possession whether he is willing
to surrender possession of the
mortgaged property.
If the mortgagee replies in
the affirmative, the Collector shall make an order as laid down in section6(a),
(b), (c) and (d) of this Act.
If the mortgagee admits the
petitioner’s title to redeem, but demands payment of a sum larger than that in
deposit, the Collector shall inquire from the petitioner whether he is willing
to pay such larger sum and if he replies in the affirmative, the Collector
shall fix a period not exceeding 30 days within which the petitioner shall
deposit the difference, together with any further sum which may be due on
account of interest up to the date of deposit. If the petitioner makes such
deposit within such period or such further period not exceeding 30 days, as the
Collector may fix, the Collector shall
make an order as laid down in section 6(a), (b), (c) and (d) above.
If the petitioner fails to
make such deposit within the period fixed, the collector shall dismiss the
petition.
10.
If
the mortgagee raise objection on any ground other than the amount of the deposit, or if the petitioner is not willing
to pay the sum demanded by the mortgagee,
the Collector may either (a) for reasons to be recorded dismiss the petition;
or (b) make a summary inquiry regarding the objection raise by the mortgagee or
regarding the sum due.
11.
If
on inquiry regarding any objection so raised by the mortgagee the Collector is
of opinion that it bars redemption or is a sufficient cause for not proceeding further with the petition, he
shall dismiss the petition; but if he is not of that opinion, he shall, unless
he dismisses the petition under section 11, make an order as laid down in
section 6(a), (b), (c) and (d) of this Act.
12.
If
on inquiry regarding the sum due the Collector is of opinion that the sum
deposited is the sum rightly due under the mortgage, he shall, unless dismisses
the petition under section 10, make an order as laid down in section 6(a),
(b),(c) and (d) of this Act, but if he is of opinion that a sum larger than the
sum deposited should be deposited by the petitioner, he shall, unless he
dismisses the petition under section 10, fix a period not exceeding 30 days
within which the petitioner shall
deposit the difference, together with any further sum which may be due on
account of interest up to the date of the deposit. If the petitioner makes such
deposit within such period or such other period not exceeding 30 days, as
the Collector may fix, the Collector shall make an order as laid down in
section 6(a), (b), (c), and (d) of this
Act.
If the petitioner fails to make
such deposit within the period fixed, the Collector shall dismiss the petition.
13.
Any
party aggrieved by an order made under section6,7, 8, 9, 10 or 11 of this Act
may institute a suit to establish his rights in respect of the mortgage, but
subject to the result of such suit, if any, the order shall be conclusive.
Notwithstanding anything in
this section a mortgagee against whom an ex-parte order under section 7 has
been made or a petitioner, whose petition has been dismissed in default under
section 6 may apply to the Collector to have such order or dismissal set aside,
such order or dismissal on such terms as to costs or otherwise as he may deem
fit; provided that the order or dismissal shall not be set aside unless notice
of the application has been served on
the opposite party.
14.
The
dismissal of a petition under this act shall bar any further petition under
this Act by the same petitioner or his representative in respect of the same
mortgage.
15.
If
the Collector dismisses a petition
under this Act, he shall order that the sum deposited by the petitioner
be returned to him.
16.
No
sum deposited with the Collector by a petitioner under the provisions of this
Act shall be attached by any Court or Revenue Officer.
17.
When
the petitioner has deposited with the Collector the sum declared by him to be due on the mortgagee, and such sum
is accepted by the mortgagee, or is found by the Collector to be the sum
actually due, interest on the mortgage shall cease from the date of the deposit.
Where the Collector finds
that a further sum is due and the petitioner deposits such further sum,
interest shall cease from the date of such further deposit:
Provided that nothing in this section shall be deemed to
deprive the mortgagee of his right to interest when there exists a contract
that he shall be entitled to reasonable
notice before payment or tender of the
mortgage money :
Provided also that where a suit is instituted under
section12, the court may pass such order as to interest as it deems fit.
18.
The
[State] Government shall have power to make rules, consistent with this act,
for carrying out the purposes of this Act.